Today in Texas History – February 19

From the Annals of Democracy – In 1846, the First Texas Legislature convened in Austin.  The flag of the Republic of Texas was struck, and the flag of the state of Texas was raised over the Capitol.  The Legislature was created by the Constitution of 1845 and was a bicameral body consisting of a Senate and House of Representatives.  The First Legislature had 20 senators and 66 representatives.  Ministers of the gospel were ineligible for election.  Compensation was set at $3 per diem of attendance and $3 for each 25 miles of travel to and from Austin.

Image of Anson Jones lowering the Republic of Texas Flag.

Country Music Awards Coming to Arlington

The Academy of Country Music will present its annual awards show live from AT&T Stadium in Arlington on April 19.  The temporary change in venue from Las Vegas will allow more than 90,000 spectators to see the show in person.  The Las Vegas venue seats only 17,000.

Texas taxpayers will help foot the bill via the Texas Major Events Trust Fund.  The Trust Fund allows for additional tax revenue generated by a “Major Event” to be used to pay for the costs of staging the event.  The Dallas Cowboys will be dipping into the tax revenues to pay for some of the costs of the event.  The awards show will certainly benefit the local economy with an expected 41,000 visitors in the area using an estimated 19,000 hotel rooms plus watering holes and restaurants.  But the any benefit to state and local coffers will likely be offset by payments from the Trust Fund to the Cowboys.  The Cowboys are not the only outfit to slurp at the public feeding trough as the Trust Fund has been used to help fund numerous events in past years.

GOP to Texas Cities – Let Us Decide What is Best for You.

The Lubbock Avalanche-Journal reports that the mayors of Texas’ ten largest cities are resisting efforts by the Republican controlled legislature to cap local property tax revenue.

The mayors held a news conference Monday in response to proposed legislation meant to limit to 4 percent the amount of revenue that can be generated from the prior year. They argued any cap would impair their efforts to provide basic services.

Austin officials say the legislation would have amounted to a loss of $87 million over the past five years. Houston authorities say the city has not increased its property rate since 1994, and has actually cut its taxes since that time.

Lt. Gov. Dan Patrick is among several legislative leaders who say they want to cut property taxes before the legislative session concludes in May.

Same-Sex Marriage in Texas – Legal or Not?

On Tuesday, Travis County Probate Court Judge Guy Herman held Texas’ ban on same-sex marriage was unconstitutional.  The ruling came as part of an estate fight in which Sonemaly Phrasavath sought a finding that she had a common-law marriage to the late Stella Powell.

Phrasavath and Powell had been living together since 2007 and were “married” in 2008 in a ceremony performed by a Zen priest in Driftwood.  The ritual marriage was not valid under Texas law. A Travis County probate court became involved after Powell died intestate last summer.  This led to probate dispute over her estate between Phrasavath and Powell’s siblings. Herman found merit to Phrasavath’s claim of common-law marriage and consequently ruled that the Texas ban on same sex marriage was unconstitutional.

The Austin American-Statesman reports that Herman’s ruling is not immediately changing the rules for other same-sex couples who want to be married in Texas.  County officials who are considering the impact of Herman’s order have not begun issuing marriage licenses to same-sex couples.

Travis County Clerk Dana DeBeauvoir, who praised Herman for his ruling, said she will confer with county lawyers to determine her options. “I am scrambling, trying to find out if there is anything I can do. Right now, I think it’s no, but we are checking,” said DeBeauvoir, who in the past has said that she was ready to begin distributing marriage licenses to same-sex couples as soon as allowed by the courts.

What is clear is that Texas Attorney General Ken Paxton will not be able to challenge Herman’s ruling on appeal.  Texas litigants are required to notify the AG’s office in any case in which the constitutionality of a statute is challenged in order to allow the state to intervene to defend the statute.  Paxton’s office declined to do so and cannot now challenge Herman’s ruling.  Powell’s siblings have not indicated whether they plan to appeal.

Today in Texas History – February 18

From the Annals of Insanity –  In 2010, a disgruntled taxpayer (who remains nameless under Paradise in Hell corporate policy) deliberately crashed his Piper Dakota airplane into Building I of the Echelon office complex in Austin.   The delusional pilot was killed along with IRS manager Vernon Hunter age 68).   The attack injured 13 other people including 2 with serious injuries.  The office building housed an IRS field office, state and federal agencies and private businesses.  The crazed pilot had previously posted a suicide note referring to “greed”, “insanity”, and the IRS on his business website. He is also believed to have set fire to his North Austin home that morning.  He had a long history of tax problems mostly stemming from failure to file state tax returns.  The attack accomplished nothing but did result in the IRS spending almost $40 million to improve security at its offices around the country.

Image from http://www.permilla.com

First University of Houston Audit Unsurprisingly Clears UH Administration

The Daily Cougar reports that the first audit conducted by UH Internal Auditor Don Guyton will find no wrongdoing in the diversion of funds used to construct UH’s TDECU Stadium.  This comes as no surprise since Guyton rarely finds any problems with anything that UH Administration wants to do.   

An audit initiated by UH President and Chancellor Renu Khator into UH’s allocation of $5 million in Higher Education Assistance Funds found no “irregularities or violations of University policy or state laws,” according to a UH spokesman. The audit, the results of which will be made public on Feb. 19 during the Board of Regents meeting, was conducted following accusations that UH misallocated state funding approved to fund the construction of classrooms in TDECU Stadium for the Spirit of Houston marching band. HEAF funds must be used for academic purposes.

This isn’t the only audit that UH is undergoing. During Thursday’s meeting, the Board will be updated on the progress of three more audits that UH is currently undergoing. These audits have reviewed the current Student Fees Advisory Committee process, the “request for proposal-procurement process associated with the VenuWorks/Aramark contract” and any possible violations of the Memorandum of Understanding agreement with the student body. “Substantial progress” in the audits is expected by Thursday, and a summary report will be presented at the meeting, according to a spokesman for the University.

High School GPA 2.2, SAT Score 920, Dad Gave School $3 Million, He’s In!

After revelations that outgoing University of Texas at Austin President Bill Powers personally intervened in the admission into UT-Austin of numerous otherwise unqualified students, the school is reviewing its admissions process.  An investigation by Kroll Associates revealed that Powers was using his office to reward the children of wealthy donors and influential alumni. Some of the students admitted were described as completely unqualified for admission to the school but were let in based at Powers’ urging.  The Houston Chronicle reports on the new investigation.

System Chancellor William McRaven announced Monday that he is forming a committee to examine UT-Austin admissions policy in the aftermath of the review by Kroll Associates. “My goal is to ensure full and open transparency to the public with respect to how admissions decisions are made at UT-Austin,” McRaven said in a statement. “I realize that admissions practices are complicated and nuanced processes, but we must clearly define a policy that determines the degree of appropriate discretion at the institution level, while ensuring a fair and transparent process for applicants.”

Committee member Larry Faulkner, UT-Austin president from 1998 to 2006, said last week that it’s important to keep the report in perspective. “I think something that’s very important to understand is that every selective university has a president who gets letters about admissions,” Faulkner said, echoing part of Powers’ response to the report.

The report by the Kroll consulting firm, commissioned by the UT System Board of Regents, stopped short of condemning the president’s intervention in admissions decisions. It said Powers broke no rules and acknowledged that universities must consider factors such as relationships with donors and legislators.

Today in Texas History – February 17

From the Annals of Hard Partying – In 1985, under the leadership of native son George P. Mitchell and his wife, Cynthia, Galveston revived its long dormant Mardi Gras celebration.  Mardi Gras had been publicly celebrated on a sporadic basis on the Island since 1867.  The first major parades were held in 1871.  Since 1941, however, Mardi Gras had been privately celebrated.  The new Mardi Gras festival’s inaugural run included a mile-long parade with a theme of the “Age of Mythology.”  The parade featured nine floats created by New Orleans float-builder Blaine Kern and several marching bands.  The featured performer was jazz clarinetist Pete Fountain.  Crowds along the Strand were estimated at 75,000 persons. That same year the 1871 Knights of Momus Krewe was revived by several Galvestonians.